Terms & Conditions
The following terms and conditions shall govern your rights and obligations as a participant in the trade-in program (the "Program") of Phobio, LLC, a Georgia limited liability company, and its related entities and affiliates (collectively, referred to as "Phobio"). By participating in the Program, you expressly agree to the terms and conditions set forth below (the "Agreement").
Ownership and Authority to Trade-In: You represent and warrant that you or the company that you represent are the sole and rightful owner of the Devices bearing the specifications, serial number, and model number which you have offered for trade-in (the "Devices"). You further represent and warrant that (1) you have the power and authority to enter into this agreement; (2) you have full authority to sell or otherwise dispose of the Devices; (3) the Devices are not counterfeit, stolen or fraudulent; (4) the Devices do not violate any law, statute, ordinance, or regulation; and (5) you are not an Apple Authorized Reseller; (6) there are no liens, encumbrances or security interests in or attached to the device; (7) to your knowledge the device does not violate the Intellectual Property Rights of any third party.
Deactivation and Personal Data: You agree to deactivate all services to your Devices and remove any and all codes (including without limitation removing user locks, firmware locks, Mobile Device Management Software/Tokens, passwords, and/or turn off/deactivating the "Find My Device" feature) that may prevent Phobio from having the ability to use, recycle, resell or dispose of the Devices. In addition, you acknowledge that it is your sole responsibility to remove all personal data (e.g., files, photos, videos, music, etc.) from the Devices. You agree that Phobio is not responsible for the loss or destruction of the hardware, software, files, or media containing any personal data left on or in the Devices. All devices will be erased of customer data during the inspection process. You understand and agree that you will not be able to recover any data or files stored within the Devices. If Phobio cannot process your Device by accessing the Device or confirming Device data removal, you may not receive Trade-in Credit for the Device, and you waive all rights and claims to such Device and any data stored on the Device.
Accuracy of Information: You agree that all information you provide about the Devices for trade-in, as well as information you have or will provide about your company, is true, accurate, and complete.
Prompt Shipment: You agree to ship the Devices to the address provided so that they arrive within 21 days of accepting the estimate. If the Devices are not received within 21 days of the date on which the estimate was provided to you, then Phobio has the right to revise or withdraw the quote for the trade-in of the Devices.
Shipping: Phobio provides shipping materials for all accepted quotes. When packaging your Devices, be sure to use Phobio shipping materials and to include all products and components you told us about when we calculated your quote. Failure to include any items you told us about when the quote was calculated, to use Phobio provided shipping materials, or sending us Devices which do not match your original description, may impact the final value of your Devices and may result in a recalculated quote. All Devices that contain material damage or that do not match the Devices on the trade-in quote will be returned to you or may be recycled by Phobio. Ineligible Devices or Device(s) not accepted by Phobio will be returned to you. Phobio will pay return shipping if <5% of received units are ineligible. If ineligible device returns exceed 5% of total devices received, shipping fees will not be paid by Phobio and will be at your own cost.
Inspection: All Devices are inspected upon receipt by Phobio. Phobio has the option to accept or deny a Device. There may be instances when Phobio recalculates the original quote for a Device. If a Device is as described in the quote, contains all components described in the quote and sent to Phobio within twenty one (21) days of you accepting the quote, Phobio will honor the quote made for your Devices and you will be paid within seven (7) days from the date of completed inspection at the designated Phobio processing facility of all Devices in your quote. Packing and shipping recommendations must be followed in order to avoid possible damage or loss while in transit. In the event Phobio recalculates your quote, you have the option of accepting or rejecting the new quote. Phobio will provide you seven (7) days, from the day Phobio recalculates the quote, to accept or reject the new quote. If you choose to accept the new quote, you will be paid within seven (7) days from the date of your acceptance. If you reject the new quote, Phobio will return Devices to you. If you do not indicate acceptance or rejection of the new quote within the seven (7) days, Phobio will assume the revised quote has been accepted and will process final payment for the Devices accordingly.
Device Returns: If a revised offer has been rejected or declined within seven (7) days, Phobio will ship the device back to you at the address on file free of charge. For security reasons, returned Devices will have all data erased and such Devices with their unique serial number may not be submitted again for trade quote through this program.
Transfer of Ownership: Upon receipt and acceptance of Devices by Phobio, you hereby agree to transfer all right to and title in the Devices to Phobio, in exchange for the final trade-in value quoted to you. Once shipped to Phobio, your device will not be returned to you unless you have rejected the final offer or your device is unable to be cleared or wiped of data.
Final Transaction: You acknowledge and agree that the trade-in transaction is final and cannot be cancelled or rescinded by you after your Device is received and inspected by Phobio, unless Phobio contacts you to provide notification that your description of the Devices was inconsistent with Phobio’s evaluation of the Devices in relation to the quote.
Other Terms and Conditions: Phobio reserves the right to take steps Phobio believes are reasonably necessary or appropriate to enforce and/or verify compliance with any part of these Terms and Conditions (including but not limited to Phobio’s right to cooperate with any legal process relating to your use of the trade-in program, and/or a third party claim that a Device is unlawful and/or infringes such third party's rights). You agree that Phobio has the right, without liability to you, to disclose any Device registration data and/or account information to law enforcement authorities, government officials, and/or a third party, as Phobio believes is reasonably necessary or appropriate to enforce and/or verify compliance with any part of these Terms and Conditions.
Release of Liability: To the extent permitted by applicable law, you hereby release Phobio from and against any liability arising out of or related to the transfer of the Devices, including but not limited to any liability related to the shipment of the Devices, the deletion or non-deletion of any data or files from the Devices, the evaluation and assessment of the Devices (and the corresponding trade-in valuation) made by Phobio, and the non-availability of the Devices after it has been received by Phobio.
Privacy Policy: All information collected by Phobio will be used to process your Devices or be used to contact you. All personal information will be treated as strictly confidential and will be stored on a secure server. Phobio will not distribute your personal data to third parties.
